Opinion

State ex rel. Dir., Ohio Dept. of Agriculture v. Forchione (Slip Opinion)

  • 148 Ohio St. 3d 105
  • 69 N.E.3d 636
  • 2016 Ohio 3049
Court
Ohio Supreme Court
Filed
May 18, 2016
Status
Published
Author
O'Neill
On the bench
French, Kennedy, Lanzinger, O'Connor, O'Donnell, O'Neill, Pfeifer
Cited by
10 cases

holding that R.C. 935.20(A) gives the Ohio Department of Agriculture the exclusive authority to order the quarantine or transfer of dangerous wild animals

How later courts described this case

  • holding that R.C. 935.20(A) gives the Ohio Department of Agriculture the exclusive authority to order the quarantine or transfer of dangerous wild animals

Written by the judges who cited it.

The opinion

O’Neill, J.,

dissenting.

{¶ 31} Respectfully, I must dissent.

(¶ 32} Neither this court nor the trial court have sufficient evidence to determine what exactly is happening in this case. For that reason, I would grant only an alternative writ so that this court can make an informed decision.

{¶ 33} But one thing is eminently clear. The Ohio Department of Agriculture (“ODA”) sought a search warrant from the court of common pleas. After Cynthia Huntsman asked the same court to intervene and order the return of property seized during the execution of that warrant, the ODA showed up in this court arguing that the court of common pleas “patently and unambiguously” lacks subject-matter jurisdiction over the dispute. The majority holds that the animals were seized under the exclusive statutory authority granted solely to the ODA. But the statute’s inclusion of the court of common pleas in the statutory scheme for intruding onto Huntsman’s property belies that position. R.C. 935.19(A)(2) and (3).

{¶ 34} Respectfully, I dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.